Notice of Removal
(Federal)

Summary

This template is a notice of removal that may be used to move a case filed in state court to federal district court. It includes practical guidance, drafting notes, and alternate clauses. Removal statutes permit defendants to remove a civil action filed in state court to federal district court in the district and division in which the state action is pending. Generally, an action can be removed when the case, as alleged in the complaint, could have been originally brought in federal court. 28 U.S.C. § 1441; see Home Depot U.S.A., Inc. v. Jackson, 139 S. Ct. 1743, 1746–48 (2019); Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 563 (2005). The purpose of removal historically was designed to protect non-resident litigants from the local prejudice of state courts. Ehrman v. Cox Commc'ns, Inc., 932 F.3d 1223, 1226 (9th Cir. 2019) (removal protects defendants from local court prejudice against "outsiders"); Rothner v. City of Chicago, 879 F.2d 1402, 1407 (7th Cir. 1989). In addition, if the basis for removal is a federal question claim, removal is often sought to obtain the subject matter expertise of the federal judge and his or her law clerks. The notice of removal must have a short and plain statement of the grounds for removal. The removing party must plainly state that the requirements for federal jurisdiction are met on the grounds of at least one of the following: • Federal question jurisdiction • Diversity jurisdiction • Special removal statute For a full listing of key content covering fundamental civil litigation tasks throughout a federal court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (Federal). For a full listing of key content covering fundamental civil litigation tasks throughout a federal court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (NY). For a full listing of key content covering fundamental civil litigation tasks throughout a Pennsylvania state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (PA). For a full listing of key content covering fundamental civil litigation tasks throughout a Texas state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (TX). For a full listing of key content covering fundamental civil litigation tasks throughout a Florida state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (FL). For a full listing of key content covering fundamental civil litigation tasks throughout a Kentucky state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (KY). For more on the notice of removal and removal generally, see Removing a Case to Federal Court (Federal) and Removing a Case to Federal Court Checklist (Federal). For more on the grounds for federal jurisdiction, see Federal Question Jurisdiction: Pleading and Challenging Federal Question Jurisdiction (Federal), Diversity Jurisdiction: Pleading and Challenging Diversity Jurisdiction (Federal), and Supplemental Jurisdiction (Federal).